Cal-Metal Corp. v. State Board of Equalization
California Court of Appeal
1Opinion of the Court
Opinion
JOHNSON, J.
—This appeal challenges the trial court’s granting of summary judgment in favor of the respondent. Two central issues are raised on appeal. First, does the transfer of property to a commencing partnership in which the partnership assumes the indebtedness of the transferor, a copartner, constitute a sale under the California Revenue and Taxation Code. Second, assuming a sale, is it proper to assess the transferor’s tax liability based on the total amount of the indebtedness assumed by the partnership. Because we find the trial court properly decided these issues, we affirm.
I.…
2Cases cited27 opinions
- Higgins v. SmithSupreme Court of the United States · 1940
- Select Base Materials, Inc. v. Board of EqualizationCalifornia Supreme Court · 1959
- Gray v. PowellSupreme Court of the United States · 1941
- Culligan Water Conditioning of Bellflower, Inc. v. State Board of EqualizationCalifornia Supreme Court · 1976
- Milana v. Credit Discount Co.California Supreme Court · 1945
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3Cited by13 opinions
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- Navistar International Transportation Corp. v. State Board of EqualizationCalifornia Supreme Court · 1994
- Aerospace Corp. v. State Board of EqualizationCalifornia Court of Appeal · 1990
- City of Fontana v. Cal. Dep't of Tax & Fee Admin., California Court of Appeal, 5th District2017
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